61
those accused or convicted for crimes of terrorism, but scenarios in which the
Communist Party of Peru [PCP-Sendero Luminoso] and, in less measure, the
Revolutionary Movement Túpac Amaru, extended the armed conflict.”30
197(9)
As of the coup d’état of April 5, 1992, and in order to fight subversive
and terrorist groups, the State implemented in the prisons practices not compatible
with the effective protection of the right to life and other rights, such as extrajudicial
killings and cruel and inhuman treatments, as well as the disproportionate use of
force in critical circumstances.31
197(10)
The State improvised a single system for the concentration of inmates,
without implementing adequate regimens to these inmates accused and convicted for
terrorism crimes and treason.32
197(11)
The national press published articles and editorials warning that
Sendero Luminoso was exercising territorial control within the Miguel Castro Castro
Prison, that from within said center it was planning several attacks33 and that they
had turned their pavilions “into teaching centers.”34
Miguel Castro Castro Prison
197(12)
The maximum security prison Miguel Castro Castro is a prison for men
and it is located in San Juan de Lurigancho, to the East of the city of Lima, capital of
Peru.35 It is made up by 12 pavilions of 4 floors each, identified as 1-A and 1-B up to
6-A and 6-B. Each of these pavilions has its own courtyard. The access to pavilions is
through a central yard of an octagonal form, known as “Roundhouse”. At the
entrance of each pavilion there is a closed area called “Coop”. The totality of the
pavilions is surrounded by a sand yard known as “No man’s land”. The entrance to
30
Cfr. Final Report of the Commission for Truth and Reconciliation, CVR, issued on August 27,
2003 in the city of Lima, Peru, Volume V, section 2(22), The Prisons, page 697 (dossier of appendixes to
the petition, appendix 6, corresponding to a compact disc).
31
Cfr. Final Report of the Commission for Truth and Reconciliation, CVR, issued on August 27, 2003
in the city of Lima, Peru, Volume V, section 2(22), The Prisons, pages 697 through 721 (dossier of
appendixes to the petition, appendix 6, corresponding to a compact disc).
32
Cfr. Final Report of the Commission for Truth and Reconciliation, CVR, issued on August 27, 2003
in the city of Lima, Peru, Volume VII, section 2(68), Extrajudicial killings in the criminal center Canto
Grande, page 769 (dossier of appendixes to the petition, appendix 6, corresponding to a compact disc);
and argument of the State during the public hearing held before the Inter-American Court on the 26th and
27th days of June 2006.
33
Cfr. Final Report of the Commission for Truth and Reconciliation, CVR, issued on August 27, 2003
in the city of Lima, Peru, Volume VII, section 2(68), Extrajudicial killings in the criminal center Canto
Grande, page 770 (dossier of appendixes to the petition, appendix 6, corresponding to a compact disc).
34
Cfr. Newspaper article titled “El Destape” published in the Magazine Caretas, edition No. 1170 of
Juy 30, 1991 (dossier of appendixes to the petition, appendix 264, folio 3041).
35
Cfr. Final Report of the Commission for Truth and Reconciliation, CVR, issued on August 27, 2003
in the city of Lima, Peru, Volume VII, section 2(68), Extrajudicial killings in the criminal center Canto
Grande, page 769 (dossier of appendixes to the petition, appendix 6, corresponding to a compact disc).